Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Crystallisation of statutory liabilities in CIRP requires prior statutory adjudication; claims under the provident fund law that were unadjudicated as on the insolvency commencement date are not crystallised, and their admission by the Resolution Professional for collation does not substitute adjudication, so such claims were excluded from the approved resolution plan. The moratorium prevents initiation or continuation of assessment proceedings affecting the frozen claims, and the approved resolution plan, having met CoC approval and statutory scrutiny, is final and binding; appellate interference was refused and the appeal dismissed.
Crystallisation of statutory liabilities in CIRP requires prior statutory adjudication; claims under the provident fund law that were unadjudicated as on the insolvency commencement date are not crystallised, and their admission by the Resolution Professional for collation does not substitute adjudication, so such claims were excluded from the approved resolution plan. The moratorium prevents initiation or continuation of assessment proceedings affecting the frozen claims, and the approved resolution plan, having met CoC approval and statutory scrutiny, is final and binding; appellate interference was refused and the appeal dismissed.
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